TERMS OF SERVICE AGREEMENT
Updated on February 10, 2014TRENDGORILLA.COM, TRENDGORILLA.CA, TRENDGORIL.LA
READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU SHOULD LEAVE THE SITE IMMEDIATELY AND DISCONTINUE USE OF THE SERVICE IMMEDIATELY.
Welcome to TrendGorilla, an online data aggregation service. The TrendGorilla service and network (collectively, "TrendGorilla" or "the Service") are operated by TrendGorilla Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at TrendGorilla.com, TrendGorilla.ca, TrendGoril.la or any other domain operated by the Company (the "Site") to simply browse the Site or as a registered member of TrendGorilla you (or the "User") signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"). If you wish to become a registered member, communicate with other members and make use of the Service, you must read this Agreement and indicate your acceptance during the registration process.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and TrendGorilla, except and solely to the extent expressly stated.
Access and Interference
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of TrendGorilla and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
You are responsible for creation, storage, and backup of your business records. The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating any responsibility on TrendGorilla's part to store, backup, retain, or grant access to any information or data for any period.
Eligibility for Membership
Use of and membership in the Service is void where prohibited. This Site is intended solely for Users who are sixteen (16) years of age or older, and any registration by, use of or access to the Site by anyone under 16 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate and will continue to be so; (b) you are 16 or older; (c) your use of the Service does not violate any applicable law or regulation; and (d) you agree to and to abide by all of the terms and conditions of this Agreement. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 16 years of age.
You acknowledge that TrendGorilla reserves the right to charge for the Service and to change its fees from time to time in its discretion. If TrendGorilla terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees or purchased credits.
Modifications to the Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for law or re any modification, suspension or discontinuance of the Service.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the property of the Company, its Users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal, non- commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
TrendGorilla, TrendGorilla.com, TrendGorilla.ca, TrendGoril.la and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the United States, Canada and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
User Code of Conduct
You represent, warrant and agree that: (a) no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or (b) contain libelous, defamatory or otherwise unlawful material. Additionally, you agree not to use automated scripts to collect information from the Service or the Site or for any other purpose. You further agree that you may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
In addition, you agree not to use the Service or the Site to:
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available content that exploits people in a sexual or violent manner, contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- register for more than one User account, register for a User account on behalf of an individual other than yourself.
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- promote or distribute an illegal or unauthorized copy of another person's copyrighted work, such as providing computer programs or links to them, or providing pirated music or links to pirated music files;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- harvest, collect, upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security and Social Insurance numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- cover or obscure the banner advertisements on your personal profile page or any TrendGorilla page;
- sell or otherwise transfer your profile; and
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its Users to any harm or liability of any type.
User Responsible for Content Posted on the Site
The Company assumes no responsibility for monitoring the Service for inappropriate User Content or conduct. You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Users (collectively the "User Content"). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
License to User Content
By posting User Content to any part of the Site, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire. This license does not grant the Company the right to sell User Content, nor does the license grant to the Company the right to distribute the User Content outside of the Service. You represent and warrant that: (a) you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (b) the posting of your User Content does not violate that publicity rights, copyrights, contact rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing by any person by reason of any User Content posted by you on or through the Service.
Links to Other Websites and Third Party Content
The Site contains (or you may be sent through the Site or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Charges and Billing
User hereby authorizes TrendGorilla to charge User's credit card in advance for all applicable fees incurred by User in connection with User's chosen Service and User's Account. User hereby acknowledges that in most cases, TrendGorilla will be charging User's designated credit card in accordance with the payment schedule of the Service for which User has registered, but some charges may accumulate on User's account before they are charged to User's credit card account. User further acknowledges that it is User's responsibility to notify TrendGorilla of any changes to User's credit card or if User's credit card has expired otherwise User's access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars. TrendGorilla reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which TrendGorilla does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after TrendGorilla posts such modification on the TrendGorilla Web Site. TrendGorilla also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after User registers for the Service. As set forth in the Termination/Cancellation of User Account Section of this Agreement, User may cancel any Service Upgrades or User's Account at any time, but TrendGorilla will not refund any remaining portion of User's pre-paid fees when User cancels such upgrades or User's Account.
User agrees to pay User's Account balance on time. User also agrees to pay any taxes, including sales or use taxes, resulting from User's use of the Service. This Section shall in no way limit any other remedies available to TrendGorilla. User also acknowledges and agrees that User will be billed for and will pay any outstanding balances if User cancels User's Account or User's Account is terminated. User must notify TrendGorilla of any billing problems or discrepancies within sixty (60) days after they first appear on User's credit card account statement. If User does not notify TrendGorilla within sixty (60) days, User waives any right to dispute such problems or discrepancies.
Termination/Cancellation of User Account
Copyright Infringement Policy
You may not post, modify, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. The Company may at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below: Full Address of Designated Agent to Which Notification Should be Sent: 4206-113 Avenue, Edmonton, AB, T5W 0R5 E-Mail Address of Designated Agent: copyright@TrendGoril.la To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following: A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; C. Description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; D. Information sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; E. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and F. A statement by you, made under penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You are solely responsible for your interactions with other TrendGorilla Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the User Content.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS- IS" AND "AS AVAILABLE" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation of Company's Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of the Province of Alberta, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Alberta.
YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE SITE TERMS, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that the foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction, including in the event an User has in any manner infringed upon or violated or threatened to infringe upon or violate Company's patent, copyright, trademark or intellectual property rights. __Arbitration under this Agreement shall be conducted under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the "BCICAC") (collectively the "Rules"). The appointing authority shall be the BCIAC. The case will be administered by the BCICAC in accordance with its Rules. The place for an arbitration shall be Edmonton, Alberta, Canada. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. __To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE Terms of Service SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Agreement shall remain in full force and effect while you use the Service or are a member. The Company may terminate your membership at any time, without warning. Even after membership is terminated, this Agreement will remain in effect.
Please email info@TrendGoril.la for more information.